If your neighbor’s fruit tree extends over their fence and onto your property, can you legally pick the lemons, oranges, or other fruit from the branches?
The answer may surprise you. Most people assume that if a neighbor’s tree extends onto their property, it’s a free pass to grab some fruit.
However, California law specifically addresses this scenario, and the conclusion is clear: trees belong to the person on whose land the trunk is growing, and that protection extends to every part of the tree, including its fruit.
California Civil Code Section 833 says “Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.”
Amazingly, that law has been in place since 1872!
That means it’s technically illegal to pick your neighbor’s fruit, even if the branches extend onto your property.
Likewise, it’s illegal to pick fruit from a tree in someone’s front yard without permission, even if the branches hang over a fence and are accessible from the sidewalk.
In practice, of course, it’s unlikely that anyone would notice if you picked a few pieces of fruit from a tree extending onto your property. Still, neighborly disputes can get ugly, so it’s good to keep the law in mind.
The good news is that there’s a simple solution—talk to your neighbor!
Even though California law states that your neighbor owns the fruit growing on a tree with a trunk on their land, a quick conversation is often enough to get permission to pick the fruit that extends onto your property.
Your neighbor may even appreciate the help in harvesting the fruit.
And if you do pick those lemons, you might want to offer them a nice glass of freshly made lemonade to say thanks!
